Friday, 18 March 2005

And It's Over Again For Terri Schiavo

quote [ Doctors here removed Terri Schiavo's feeding tube this afternoon after a Florida judge rebuffed extraordinary, last-minute maneuvering by lawmakers in Washington to prolong her life 15 years after she suffered severe brain damage. ]

Article in extended.

PINELLAS PARK, Fla., March 18 - Doctors here removed Terri Schiavo's feeding tube this afternoon after a Florida judge rebuffed extraordinary, last-minute maneuvering by lawmakers in Washington to prolong her life 15 years after she suffered severe brain damage.

"It was an emotional occasion, prayers were said at that time and the feeding tube was removed without incident," George Felos, the lawyer for Ms. Schiavo's husband, Michael, said at a news conference he called to announce the action.

Mr. Felos said that Mr. Schiavo had not been present when the tube was removed at 1:45 p.m., but had later arrived to be "with his wife and at her bedside."

Ms. Schiavo's parents had reportedly been by her bedside since about 10:30 a.m. today, but were asked to leave as hospice workers prepared to remove the tube at the order of Judge George W. Greer.

In his news conference, Mr. Felos delivered a blistering criticism of the lawmakers who waged last-minute efforts to try to halt the tube removal, characterizing their actions as "nothing short of thuggery" and attempts to "coerce and intimidate" Mr. Schiavo and the physicians treating his wife despite years of court decisions siding with Mr. Schiavo in his efforts to have her feeding tube removed.

Mr. Felos said that lawmakers from both parties had misused the Schiavo case to further their political aims.

"It was odious, it was shocking, it was disgusting and I think every American should be alarmed by that," he said.

Speaking of Democrats and their inability to block Republican-led efforts on behalf of Ms. Schiavo's parents, Mr. Felos said, "If they can't stand up for Terry Schiavo, then they deserve to be the minority party" and portrayed what he said was Democratic inaction as "even more shocking and disgusting than the conduct of the Republicans who pushed this legislation."

Without nutrition or fluids, Ms. Schiavo can survive on her own for days or even weeks, her doctors have said, provided no one intercedes to have the tube reinserted.

The House Republican leader, Representative Tom DeLay of Texas, who helped spearhead the Congressional efforts to keep Ms. Schiavo alive, said it would be "barbaric" to remove the tube and let Ms. Schiavo starve and dehydrate for two weeks. "I don't care what her husband says," he told reporters.

He also promised late this afternoon that lawmakers would confer over the weekend and reconvene on Monday in an effort to pass legislation ordering restoration of the tube.

The tube's removal is the latest chapter in a lengthy legal and political struggle that has pitted Ms. Schiavo's husband, who has long wanted to let her die, saying it was her wish, against her parents, Robert and Mary Schindler, who believe she responds to them and want her to be kept alive by providing her with nutrition through a tube.

But their very personal fight over the years has drawn in both the Florida and federal courts, the Supreme Court and Gov. Jeb Bush of Florida.

In the last 24 hours, House and Senate leaders in Washington entered the fray by issuing subpoenas intended to circumvent the judicial order and delay the tube's removal, which was originally scheduled for 1 p.m. today. President Bush also said that he believed her feeding tube should not be removed, and the White House indicated that he would sign any legislation to prolong her life that made it through Congress to his desk.

The tube's removal came only after Judge Greer, of Pinellas-Pasco Circuit Court, rebuffed the latest efforts by lawmakers to block his order, saying he saw no legitimate reason for Congress to intervene.

In his remarks to reporters, Mr. Felos, the lawyer for Mr. Schiavo, alluded to ongoing efforts to try to have the feeding tube reinserted, but he declined to elaborate or speculate on their prospects.

"Not one of those political leaders would ever, ever submit their own family members to the indignity and illegalities shown on Mrs. Schiavo, yet for their own political gain they can do it to her," Mr. Felos said.
He reminded reporters that numerous courts had sided with Mr. Schiavo, who has said that his wife, even though she never signed a living will, had indicated to him in conversations that she would not want to be kept alive if she became incapacitated.

"Mrs. Schiavo had a right to choose her own course, she chose it, the courts found," Mr. Felos said. "She has a right to die in peace. Write to your congressman and tell them, Terri Schiavo has a right to die in peace. Let her go in peace."

The latest, topsy-turvy developments began early this morning, when members of a House committee issued subpoenas for Ms. Schiavo and her husband to appear at Congressional hearings later this month.

Since Ms. Schiavo, 41, appears unlikely ever to be in a position to testify, the intent of the Congressional subpoenas seemed to be to block the feeding tube's removal by using a law enacted to protect witnesses summoned by Congress.

Just before Judge Greer's 1 p.m. deadline, another Florida judge delayed the removal order for about an hour until Judge Greer could weigh the new developments.

But by 2 p.m., after hearing from lawyers from Capitol Hill and for Michael Schiavo, Judge Greer, referring to the feeding tube, said that workers at her hospice "need to remove it forthwith."

Judge's Greer's decision came after an unusual hearing held by telephone conference call. The judge spoke, from a location that was not disclosed, with a lawyer for the United States House of Representatives and a lawyer for Michael Schiavo, none of whom were in the Pinellas County Courthouse, where the call was monitored by a court stenographer, a few other court officials and journalists.

The judge turned down the House lawyer's request for a nine-day postponement. "I'm not going to give you indirectly what I wouldn't give you directly," Judge Greer told counsel for the House of Representatives.

The House lawyer had said that committee members would travel to Florida and were willing to hold a committee meeting in Ms. Schiavo's hospice room. But the judge refused.

"I find no cogent reason why the committee should be able to intervene into a case involving the decision whether or not to remain on life support," the judge said. "I must remind you that this order is over five years old."

Ms. Schiavo collapsed in 1990 and suffered extensive brain damage when her heart briefly stopped, possibly due to a potassium deficiency. Eight years later, her husband wanted to remove her feeding tube, setting off years of legal feuding with her parents.

This morning, the Senate majority leader, Senator Bill Frist, Republican of Tennessee, said that the Schiavos were being summoned by Congress in connection with an inquiry into the handling of her case. His statement pointed out that federal law protects witnesses called before Congress "from anyone who may obstruct or impede a witness's attendance or testimony."

"The Senate and House remain dedicated to saving Terry Schiavo's life," Senator Frist said, adding that Congressional leaders would seek to hold a hearing with the Schiavos on March 28. "The purpose of the hearing is to review health care policies and practices relevant to the care of nonambulatory persons such as Mrs. Schiavo."

Representative DeLay, the House Republican leader, emphasized that House leaders would continue to work this weekend to reconcile differences between House and Senate legislation.

But Representative Henry Waxman of California, the senior Democrat on the Government Reform Committee, called the subpoenas a "flagrant abuse of power" that amounted to Congress' dictating the medical care Ms. Schiavo should receive. "Congress is turning the Schiavo family's personal tragedy into a national political farce," Mr. Waxman said.

In Pinellas Park, relatives and dozen of supporters of right-to-life causes who have been attracted to Ms. Schiavo's case gathered outside the hospice where she lies in a hospital bed requiring round-the-clock care for all her basic needs.

Many carried signs objecting to the tube's removal, others wore tape over their mouths with the word "life" scrawled on them. One man used a trailer and his car to haul around a giant Jesus figure on a crucifix. Several people were pushing children or other adults in wheelchairs. Police officers in cars and on foot patrolled the entrances to the hospice, and guarded orange barricades to contain the crowd.

Randall Terry, the founder of Operation Rescue, a leading antiabortion group that has been helping Ms. Schiavo's parents, was also outside the hospice. He left no doubt that many conservatives saw Ms. Schiavo's case as a test for how well conservative lawmakers would hew to their conservative bases.

"This is the biggest test for DeLay and Hastert," he said, referring to the House majority leader and to J. Dennis Hastert, the House speaker. "We will hold the House leadership accountable if this thing fails."

"The conservative right of this country has lobbied frantically for two decades to finally get control of both houses," he continued. "We didn't get here so they could pour this down the drain."

"They owe us a political debt of honor," he said. "We are about to find out what the United States House of Representatives if made of."

Ms. Schiavo's husband and her parents have long disputed her condition. The family has said that she reacts to them. Doctors who have examined her have told the courts that Ms. Schiavo is in a persistent vegetative state, meaning that while her eyes are open and might widen, stare or follow objects, her brain is incapable of emotion, memory or thought. She breathes on her own, but depends on a gastric tube for sustenance.

Earlier this afternoon, a lawyer for the family, Barbara Weller, emerged from the hospice and asserted that Ms. Schiavo had appeared to respond to news that she might be going to Washington.


Abby Goodnough reported from Pinellas Park for this article, Maria Newman from New York, and Carl Hulse from Washington. Christine Jordan Sexton contributed reporting from Tallahassee, Lynn Waddell from Clearwater, Fla., and David Stout from Washington.
[politics] [by schatten00777@10:38pmGMT] [+3 Informative]

Comments

vahid said @ 10:43pm GMT on 18th Mar
U know another article was posted earlier, right?
horseinsheep said @ 10:46pm GMT on 18th Mar
I'd say this is a pretty important update.
schatten00777 said @ 10:49pm GMT on 18th Mar
Yeah, but as horseinsheep said, this is a pretty important update.
sensibleb said @ 10:58pm GMT on 18th Mar [Score:1 Underrated]
I beg to differ. It's another turn in the same story. On the same day.
schatten00777 said @ 12:10pm GMT on 19th Mar
Well, it does concern the complete reversal of what happened earlier yesterday. I'd say that's a pretty large change of events.
vahid said @ 4:59pm GMT on 19th Mar
afterall, it was a quite the change of events after the supreme court went against tom delay and his kind......
flat_michael said @ 10:56pm GMT on 18th Mar
This = a fucking circus.
samejima said @ 11:59pm GMT on 18th Mar
while I believe that your wishes should be respected if you are in this situation, i just don;t think that she should be starved to death. I wish we were mature enough to accept that she needs a shot of something that will make the rest of her time as painless as possible without starving her.
samejima said @ 12:56am GMT on 19th Mar
I mean if this woman gets the feeding tube shoved down her throat again, does she magically get up and live an independent life? NO. This is not about all those idiots who are protesting outside the hospital. These idiots get to get into their cars at the end of the day and live out their miserable lives. What's this I hear about a story where Winston Churchill says we must strive to live because once we die we can't take it back? fuck that! IF I am vegetized in a crash nukke me, toxinate me, I don't want to live if I can't live and I don't want to be a pawn for some other idiot who doesn't have a life.
zoomie said @ 2:59am GMT on 19th Mar [Score:1 Insightful]
And I feel completely differently, because people can and do come out of it. I say keep me alive no matter what - I'll fight like Hell to come out of it - just like that woman in Kansas last month (20 years in a coma - wow!)

But there's the difference. Even assuming she IS PVS (which is the only way it's legal to let her starve to death), it is her choice and hers alone to make - not her husband's, and not her parents. That's the law. So, if you have no proof of one way or the other, and different family members say different things, don't you err on the side of life, here? After all, if she's already lost beyond all hope, then it won't matter to her anyway, right? But if there's even a 1% chance, and you don't know if she wanted to fight for it, how can you do this?

samejima said @ 2:50pm GMT on 19th Mar
because not being able to live freely is death. 20 years in a hospital bed? you are out of your mind!!! I wouldn't want to be in a veggie coma for 20 seconds
zoomie said @ 3:41pm GMT on 19th Mar
And that's your choice. And hopefully, you've documented that. However, she didn't, and there is doubt about her wishes - so what do you do? Put yourself in her shoes, and apply what you would want to her? Or do you presume life, unless explicitly stated?
samejima said @ 4:00pm GMT on 19th Mar
what life? Today I will goto work, after work hit a bar meet some lovely ladies and hook up with one of them. She'll be in a hospital bed. tomorrow I'll go out to the park for some football with the boys, maybe catch a movie. she'll be in a hospital bed. Wow what a life.
GehnRahl said @ 11:08pm GMT on 18th Mar
Starting bets that Mr. Jeb Bush sends in troops to force the hospital to reinsert the feeding tube.

(Lives in Florida and has lived with this god damned case too long.)
aero said @ 11:41pm GMT on 18th Mar
gehn,

you have a right to your opinion, but there are plenty of people who are not holy rollers who think that this woman's mother, father, sister, brother should have a say. A divorced husband should not be the guardian and sole decsion maker in this case.
GehnRahl said @ 11:49pm GMT on 18th Mar [Score:2]
Wow...well, according to the laws of guardianship, no they don't. They don't have a say whatsoever. This has been decided and let the poor woman die. If you have to resort to illegal tactics, such as Mr Bush's unconstitutional law, then you're doing more to harm not only this woman, but society.
zoomie said @ 3:06am GMT on 19th Mar
Actually, you're wrong, too -

The guardian has no say, either - only the patient has the say.
the professor said @ 2:16pm GMT on 19th Mar
Could you please find the law you're referring to or explain the relevant moral concepts you're using in making this claim. There is such a thing as nonvoluntary passive euthanasia -- which is a close concept here. In the best cases, this simply means someone other than the patient executes the patient's previously expressed (e.g., a living will) decisions. In other cases, such as the one at hand, it could mean the legal guardian acting on behalf of the patient in the absence of some substantial proof that these are the patient's wishes. The states can determine what they will allow as proof the patient wouldn't want such treatment, and so long as the courts decide that burden has been met, the guardian has the say.
samejima said @ 12:05am GMT on 19th Mar
oh ok dickhead, what happens if is coherent in a way the doctors don't understand and she feels that pain and anxiety for the rest of her life bedause her family has to come by once a day for an hour or two. this is not about ego here but about quality of life. she was brain dead, when her brain lost oxygen a while ago. her family should not be selfish just because her heart beats. I used to be vehemently against euthanasia, but the closer i get to death the more that I think that we shouldn't put off for tomorrow what we should do today. maybe dying is not a bad thing if you can't live.
zoomie said @ 3:04am GMT on 19th Mar
But using that arguement - she's not in a PVS, and therefore it's not legal to remove her feeding tube. the law is very specific on this.

And if she IS PVS, it won't matter to her anyway, she's she's already gone, right? So how can it hurt her?
samejima said @ 4:23pm GMT on 19th Mar
dude I got news for you anything other than sentient living where you are free to go and move about is a pretty fucking vegetative state. on top of that now she will starve to death. when was the last time you tried fasting for a week? by the second day the fucking headaches will drive you crazy. Imagine starving to death. That she's dead she is. the heartbeat is irrelevant. don't starve her tho. give her a shot so she can go out nicey nice.
the professor said @ 2:03am GMT on 19th Mar
As far as I can tell, given that the parents filed a motion for divorce only a couple of weeks ago -- something the court hasn't taken up yet -- they aren't divorced. As such, he's the legal guardian. Someone might not buy the story that she said she wouldn't want to be in this situation, but the courts did, time and again. And, regardless of whatever side you're on, that's the relevant factor here.
todde said @ 2:06am GMT on 19th Mar
This is undoubtedly the most carefully and exhaustively argued guardianship case in Western history. It's been heard by judges many times. There have been at least three independent panels of physicians. It's been adjudicated up and down the Florida court system. It's passed the highest standards of evidence in civil court. Every single time, with every single judge, the answer has been the same. Her husband is her guardian. Her higher functions are gone forever. Her care is his decision in the end.

The body's still there, but Terri checked out years ago. Her husband has been caring for her all this time but has come to terms with reality. Her parents are unable to. It's time for the denial to end and for her to go before the gods withdraw their welcoming hand.
todde said @ 2:02am GMT on 19th Mar
It's entirely possible. This isn't about Michael or Terri Schiavo or her parents. This is about Jeb's 2008 run for the White House. He applauded Randall Terry's involvement, especially when the founder of Operation Rescue spoke about "the gloves coming off". He'll be the darling of the Religious Right for this. Combine that with his brother's endorsement and he could be a shoe-in for the nomination.
zoomie said @ 3:14am GMT on 19th Mar
Wow - so I guess, by your logic, anytime he takes a stand on a moral issue, it must be for political gain, eh?

It's exactly that cynicism that lost you the election, and will continue to lose you more. Your lack of faith in people belies your professed enlightenment.
Omegaphobic said @ 4:02am GMT on 19th Mar [Score:4 Underrated]
Please, feel free to mod this down, but I have to say it.

Your prior comment is utterly moronic.

Thank you.
muttly said @ 5:43am GMT on 19th Mar
Next you'll be telling us he's governator due to merit and not having the good sense to be born with the last name Bush.
fourtaytude said @ 12:43pm GMT on 19th Mar
Actually, he is.
Naruki said @ 2:00pm GMT on 19th Mar
LOL! Now pull the other one. It's got bells on.
muttly said @ 2:57am GMT on 19th Mar
I suspect that the republicans and the right to lifers took one look at the lack of activity in her brain and are scared to death they are losing one of their own. We should be allow to euthanize every busybody standing outside with a piece of tape over their mouth.
ENZ said @ 4:34am GMT on 19th Mar [Score:1 Insightful]
What really pisses me off about those protesters, is 5 years ago, they didn't know or give a FUCK about this woman. And I'll bet you, 5 years from now, they won't even remember this...

Damn pro-lifers, they have to make the hardest decision a family member has to make hell because of their own self-righteous bullshit. Were they the ones who stayed by her side for years, bearing the financial burden of keeping a lifeless body "alive"? NO! If they want to see this living corpse alive so badly, why don't THEY pay the bills? Why don't THEY sacrifice a proton of their lives greater than a single afternoon? Why don't THEY see what it's like to lose a loved one, yet not have any closure...
fourtaytude said @ 12:40pm GMT on 19th Mar
Her parents have already expressed their desire to take her in and pay the bills. Her husband, who has already had two children with another woman, is the one lobbying to pull the plug. I find his explaination to be somewhat suspect, considering she was twenty-something when she collapsed, and I doubt she had considered the matter as deeply as her husband claims.
benjamander said @ 1:44pm GMT on 19th Mar
She collapsed because she was anorexic. She had probably considered it in excruciating detail.
muttly said @ 8:42pm GMT on 19th Mar
Most young women who become anorexic do so because they have overly intrusive parents who attempt to control everything about their lives and they believe they need to be perfect. The only place they are in a position to manage their own destiny is their food intake. Once anorexia takes deep enough root, it becomes a chronic thought disorder, even after the original stressors are no longer directly affecting them.

I would bet that Terri's parents were just that sort and they are STILL attempting to run her existance.
devilsad said @ 7:25pm GMT on 19th Mar
You don't see intensive care beds down at the vets with brain-damaged dogs in them, wired up with tubes and unable to do doggy things any more... because we put them out of their misery.

I think we treat pets better than we do humans.

And how Congress has the nerve to try keeping her alive when they gladly signed the death warrants of a hundred thousand foreigners. Talk about hypocrisy. "Oh, but, but, but life is sacred" ... unless you're living under a regime that some guy says is maybe dangerous and we have to invade cos there's just no other option (oh and he tried to kill my daddy), then you're just collateral damage.

Put her out of her misery humanely, for chrissake.
mfchill said @ 7:40pm GMT on 19th Mar
"If they (the Democrats) can't stand up .... then they deserve to be the minority party"

This is more and more true every day.

Post a comment
[note: if you are replying to a specific comment, then click the reply link on that comment instead]

You must be logged in to comment on posts.




Members

Registered: 18828

Classifieds